--(1) Where-
----(a) the defendant makes an offer to settle; and
----(b) the claimant accepts the offer within any period stated for accepting it and before the beginning of the trial,
--the claimant is entitled to his costs to the time when he accepts the offer.
--(2) Where the defendant does not state the period within which the offer is open for acceptance-
----(a) if the claimant accepts it within 21 days of the date when it is made, he is entitled to his costs up to the date on which he accepts it; or
----(b) if he accepts the payment more than 21 days after the date on which it is made, he is entitled to his costs up to the date on which he accepts it unless the court orders otherwise.
--(3) If the defendant permits a claimant to accept an offer after the time originally stated for accepting it-
----(a) the claimant is entitled to his costs to the end of the period originally stated for accepting the offer; and
----(b) the defendant is entitled to any costs that he may have incurred between the end of the period originally stated for accepting the offer and the date when the offeree accepts the offer, unless the court orders otherwise.
--(4) The time when an offeree accepts the offer is the time when he serves notice of acceptance on the offeror.
--(5) If the settlement relates only to part of the proceedings and the remaining part or parts of the proceedings continue-
----(a) the claimant is entitled under this rule only to the costs relating to that part of the proceedings which has been settled; and
----(b) unless the court orders otherwise or the defendant agrees,
--the claimant may not recover any such costs, nor have them quantified, until the conclusion of the rest of the proceedings when the court can deal with the costs of the whole of the proceedings including any costs relating to those parts of the proceedings that were not settled.
Notes
Amended by Legal Notice 233 of 2005.
Amended by Legal Notice 140 of 2000.
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